Small Claims Court [Archive] - RonFez.net Messageboard

NewYorkDragons80

09-20-2002, 01:29 PM

I was working at a restaurant and the owner still owed me $220 back pay, so I quit. Now the place has closed and I want to try to get my money. What can I do to track this guy down and what can happen if he doesn't show up for the trial?

"In war there is no substitute for victory."
-General Douglas MacArthur

"If gold should rust, what will iron do?"
-Geoffrey Chaucer

"Worship him, I beg you, in a way that is worthy of thinking beings.
-Romans 12:1

HordeKing1

09-20-2002, 02:06 PM

DRAGON - You can take him to small claims court. If he doesn't show up you get a judgment against him. The precedure is very straightforward and designed so you won't need a lawyer.

I found a good link that will help you with the process. http://www.nyc.gov/html/dca/html/smallclm.html

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NewYorkDragons80

09-21-2002, 05:13 AM

Besides the money I am owed, there are 2 other guys at the restaurant that are owed $500 and $600. Would we all be able to have the same trial?

"In war there is no substitute for victory."
-General Douglas MacArthur

"If gold should rust, what will iron do?"
-Geoffrey Chaucer

"Worship him, I beg you, in a way that is worthy of thinking beings.
-Romans 12:1

TheKnicks23

09-21-2002, 07:26 PM

Maybe you can be on Judge Judy or one of the other 5,000 judge shows. Thos are the kinds of cases they normally take.

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NewYorkDragons80

09-22-2002, 07:29 AM

I really did think about that, but it's a little weird to put your life out there like that.

"In war there is no substitute for victory."
-General Douglas MacArthur

"If gold should rust, what will iron do?"
-Geoffrey Chaucer

"Worship him, I beg you, in a way that is worthy of thinking beings.
-Romans 12:1

Swan1

09-22-2002, 07:33 AM

Chances are that if you all brought claims against the owner they would not be consolidated. Cases are usually only consolidated if they arise from the same set of operative facts. Here, you have three separate claims which are probably based on three different sets of facts.

In addition, small claims courts do not usually consolidate claims.

Hope it helps.

ShelleBink

09-22-2002, 07:38 AM

Maybe you can be on Judge Judy or one of the other 5,000 judge shows. Thos are the kinds of cases they normally take.

im going to see The People's Court in November with my theatre class. try to schedule it for the 13th and we can make a board party out of it :P

...why are you all looking at me like that?

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<marquee behavior="alternate">It's Shelle as in sea shell and bink like... uh. bink. 
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Swan1

09-22-2002, 07:39 AM

One other thing. One of the major pitfalls facing small claims plaintiffs is suing the right entity. Although the owner you mentioned may in fact own the restaurant outright, in his individual capacity, for tax and business purposes it is more likely that he owns the restaurant through some sort of corporate entity. If you got checks from the restaurant that were not from his personal account, or if you saw mail the restaurant received that mentioned something like "..... Restaurant, Inc." that may be the entity you need to sue.

HordeKing1

09-23-2002, 04:24 PM

Sue the person who signed your paycheck. Odds are great that this guy is not hidden behind a complex corporate structure.

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NewYorkDragons80

09-23-2002, 04:47 PM

Well, we are all going to have similar stories. "We worked [fill in the blank] days and we have yet to get any money."

There are 2 things I am worried about:
1) The other 2 guys have questionable citizenship. I am not sure if this would hurt their case.
2) We worked off the books, so it will be difficult to prove anything.

"In war there is no substitute for victory."
-General Douglas MacArthur

"If gold should rust, what will iron do?"
-Geoffrey Chaucer

"Worship him, I beg you, in a way that is worthy of thinking beings.
-Romans 12:1

HordeKing1

09-23-2002, 10:01 PM

I don't know if citizenship will be an issue. For many government programs, like UI, NYSDB, WC, etc, citizenship isn't a requirement and the agencies don't go running to immigration looking to deport potential violators of their visas. (Although come to think of it, in today's climate I'm not really sure about that.)

If you were paid off the books, you'll have a hard time proving your claim unless you have some evidence that you were paid regularly. Were you paid by cash or check? If cash (most likely) do you have anything to show that you were working for him?

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NewYorkDragons80

09-25-2002, 01:10 PM

We were paid in cash and there is no way to prove regularity except to have other uninvolved employees testify on my behalf (which won't be hard to get).

"In war there is no substitute for victory."
-General Douglas MacArthur

"If gold should rust, what will iron do?"
-Geoffrey Chaucer

"Worship him, I beg you, in a way that is worthy of thinking beings.
-Romans 12:1

HordeKing1

09-25-2002, 10:44 PM

While that's certainly not the best form of evidence it's the best you've got, so you have to proceed with that.

On the bright side, the fees for filing a claim are low, and it's worth trying to get what he owes you.

On the other hand, even after a judgment is rendered against someone, actually collecting the money is often an issue...

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